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O'DEA v. CITY OF ALBANY

27 A.D.2d 11 (1966)

Leo O'Dea, as Guardian ad Litem of Gregory O'Dea, an Infant, et al., Respondents, v. City of Albany, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 22, 1966.

Attorney(s) appearing for the Case

Towner, Erway & Lyons (James B. Canfield of counsel), for appellant.

Scheiberling, Rogan & Maney for respondents.

GIBSON, P. J., HERLIHY and REYNOLDS, JJ., concur.

BRINK, J.

This is an appeal from an order of Special Term denying defendant's motion to compel the infant plaintiff to disclose the name of a witness on an examination before trial.

The infant plaintiff, while at a playground located in the City of Albany, was struck in the back of the head by a portion of a maypole which the boy behind him was swinging on. The portion of the equipment held by the other...

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